Ventura Municipal Code Art. 4 Proceedings to Establish Maintenance Assessment District

Once both (A) proceedings to establish a maintenance assessment district have been initiated pursuant to Article 1 of this chapter and (B) an engineer’s report for the proposed maintenance assessment district has been filed with the city clerk pursuant to Section 4.300.330, the city clerk shall schedule a city council hearing on the matter of the proposed maintenance assessment district. (Ord. No. 2013-004, § 1, 4-15-13)

Not less than 10 days prior to a hearing scheduled pursuant to Section 4.300.410, the city clerk shall mail notice to the record owner of each parcel in the proposed maintenance assessment district. Such notice shall (A) state that proceedings have been initiated to establish the proposed maintenance assessment district, (B) generally describe the boundaries of the proposed maintenance assessment district and the improvements to be operated and maintained, in whole or in part, using assessments levied in connection with the district, (C) state the date, time and location of the public hearing, and (D) indicate that a copy of the filed engineer’s report may be obtained from the city clerk. The notice may also include an internet address at which the filed engineer’s report can be viewed. (Ord. No. 2013-004, § 1, 4-15-13)

At the hearing scheduled pursuant to Section 4.300.410, which may be continued from time to time at the discretion of the city council, the city council shall hear and consider oral and written testimony from all interested persons. The city council may then adopt a resolution of intention or may abandon the proceedings. The resolution shall do all of the following:

A. Declare the intention of the legislative body to order the establishment of the maintenance assessment district and to levy and collect assessments.

B. Generally describe the improvements to be operated and maintained, in whole or in part, using assessments levied in connection with the district.

C. Refer to the proposed assessment district by a distinctive designation and indicate the general location of the district.

D. Approve the engineer’s report, either as presented or with such modifications to such report as the city council determines to be necessary or proper.

E. Refer to the engineer’s report, as adopted, for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessment upon assessable lots and parcels of land within the district.

F. Set the time and place for a protest hearing by the city council on the question of the establishment of the maintenance assessment district and the levy of the proposed assessment. The date of the hearing shall be not less than 45 days or more than 90 days after the adoption of the resolution of intention.

G. Direct the city clerk to cause mailed notice of the protest hearing to be given in the manner set forth in Government Code Section 53753 and direct that an assessment ballot be included with each such notice as required by Government Code Section 53753.

H. Set forth procedures, not inconsistent with the requirements of Government Code Section 53753, for the completion, return, and tabulation of assessment ballots. (Ord. No. 2013-004, § 1, 4-15-13)

The protest hearing shall be noticed and conducted in the manner set forth in Government Code Section 53753. Following the close of the public input portion of the public hearing, the city clerk shall, as required by Government Code Section 53753, cause the tabulation of returned assessment ballots. If there is a majority protest, as defined by Government Code Section 53753, then the proposed assessment shall not be adopted and proceedings shall be abandoned. (Ord. No. 2013-004, § 1, 4-15-13)

At the conclusion of the protest hearing, which may be continued from time to time, the city council may adopt a resolution establishing the maintenance assessment district and levying an annual assessment against the lots and parcel within the boundaries of the district. The resolution may (A) modify the boundaries of the maintenance assessment district to exclude one or more parcels from the district and/or (B) modify the assessment formula to reduce the amount of the maximum assessment against one or more parcels. (Ord. No. 2013-004, § 1, 4-15-13)